[Introduced January 28, 2000; referred to the Committee
on the Judiciary.]

A BILL to amend and reenact section one, article three,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the division of environmental
protection to promulgate a legislative rule relating
to hazardous waste management.

Be it enacted by the Legislature of West Virginia:

That section one, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:

§64-3-1. Division of environmental protection.(a) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
four, article five, chapter twenty-two of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the fifth
day of January, one thousand nine hundred ninety-nine,
relating to the division of environmental protection
(ambient air quality standards for carbon monoxide and
ozone, 45 CSR 9), is authorized.(b) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
four, article five, chapter twenty-two of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the fifth
day of January, one thousand nine hundred ninety-nine,
relating to the division of environmental protection
(standards of performance for new stationary sources, 45
CSR 16), is authorized.(c) The legislative ruled filed in the state register
on the third day of August, one thousand nine hundred
ninety-eight, authorized under the authority of section
four, article five, chapter twenty-two of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the fifth
day of January, one thousand nine hundred ninety-nine,
relating to the division of environmental protection (to
prevent and control emissions from hospital, medical, and
infectious waste incinerators, 45 CSR 24), is authorized.(d) The legislative rule filed in the state register
on the third day of August, one thousand nine hundred
ninety-eight, authorized under the authority of section
four, article five, chapter twenty-two of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the fifth
day of January, one thousand nine hundred ninety-nine,
relating to the division of environmental protection (to
prevent and control air pollution from hazardous waste
treatment, storage or disposal facilities, 45 CSR 25), is
authorized.(e) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
four, article five, chapter twenty-two of this code,
relating to the division of environmental protection (acid
rain provisions and permits, 45 CSR 33), is authorized.(f) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
four, article five, chapter twenty-two of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-
second day of January, one thousand nine hundred
ninety-nine, relating to the division of environmental
protection (ambient air quality standards for sulfur oxides
and particulate matter, 45 CSR 8), is authorized.(g) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
four, article five, chapter twenty-two of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review committee and refiled in the state register on the fifth
day of January, one thousand nine hundred ninety-nine,
relating to the division of environmental protection
(emission standards for hazardous air pollutants pursuant
to 40 CFR Part 63, 45 CSR 34), is authorized.(h) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
fourteen, article thirteen, chapter twenty of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the second
day of November, one thousand nine hundred ninety-eight,
relating to the division of environmental protection
(awarding of West Virginia stream partners program grants,
60 CSR 4), is authorized.(i) The legislative rule filed in the state register
on the thirtieth day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
three, article one, chapter twenty-two of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-second day of January, one thousand nine hundred
ninety-nine, relating to the division of environmental
protection (surface mining and reclamation regulations, 38
CSR 2), is authorized.(j) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
five, article fifteen, chapter twenty-two of this code
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the seventh
day of October, one thousand nine hundred ninety-eight,
relating to the division of environmental protection (solid
waste management, 33 CSR 1), is authorized.(k) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
twenty, article fifteen, chapter twenty-two of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the
twentieth day of November, one thousand nine hundred
ninety-eight, relating to the division of environmental protection (sewage sludge management, 33 CSR 2), is
authorized.(l) The legislative rule filed in the state register
on the thirdfourth day of August, one thousand nine
hundred ninety-eightninety-nine, authorized under the
authority of section six, article eighteen, chapter twenty-
two of this code, modified by the division of environmental
protection to meet the objections of the legislative rule-
making review committee and refiled in the state register
on the secondtwenty-first day of OctoberJanuary, one
thousand nine hundred ninety-eighttwo thousand, relating
to the division of environmental protection (hazardous
waste management, 33 CSR 20), is authorized.(m) The legislative rule filed in the state register
on the thirtieth day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
six, article two, chapter twenty-two-c of this code,
relating to the division of environmental protection (state
construction grants program, 47 CSR 33), is authorized.(n) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
six, article one, chapter twenty-two of this code, modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second day
of January, one thousand nine hundred ninety-nine, relating
to the division of environmental protection (pollution
prevention and compliance assistance rule, 47 CSR 3), is
authorized.(o) The legislative rule filed in the state register
on the thirty-first day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
three, article two, chapter twenty-two-c of this code,
modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the second
day of November, one thousand nine hundred ninety-eight,
relating to the division of environmental protection (state
water pollution control revolving fund program, 47 CSR 31),
is authorized. (p) The legislative rules filed in the state register
on the seventh day of October, one thousand nine hundred
ninety-eight, relating to the division of environmental
protection (underground storage tank insurance trust fund,
33 CSR 32), are authorized.NOTE: The purpose of this bill is to authorize the
Division of Environmental Protection to promulgate a
legislative rule relating to Hazardous Waste Management.

Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.